Legal Question in Disability Law in Indiana
American With Disabilities Act
If someone is super-sensitive to chemicals, and everybody in their work environment is wearing cologne, burning scented candles, and making the person intolerable ill, does the employer have an obligation to accomadate the person's illness under the ADA? The employer says they can't make a rule that would interfere with other's ''personal choices''.
1 Answer from Attorneys
Re: American With Disabilities Act
Possibly. It depends on what you are looking for as an accommodation. Accommodations must be reasonable and typically having everyone in the workplace stop wearing cologne or doing something else may not be considered reasonable. Reasonableness is sometimes difficult to judge and depends on the facts of the situation. That is why the ADA requires that the employers and employees engage in an interactive process to determine what sort of reasonable accommodation is available.
For more information about reasonable accommodation, you can visit my website, www.memphisemploymentlawyer.net, click on the link to determine what is illegal and follow the links to disability discrimination. Additionally, the EEOC website has resources that will help you to determine your course.
If you would like to discuss this issue further, I can be contacted at [email protected]. I consult with people around the country on these types of federal law issues.
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